Allowed

Shajil v. the State of Kerala

Kerala HC16 Feb 2016Crl.MC/716/2016

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Order holds that further proceedings in the trial court regarding offences under Sections 142, 147, 148, 341, 323, 324 and 149 of the Indian Penal Code are quashed as the matter was amicably settled and injuries were trivial.

What did the court decide?

All further proceedings in C.C. No.68/2015 of the Judicial First Class Magistrate's Court-II, Perinthalmanna, as against the petitioners, based on Annexure-I Final Report in Crime No.0312/2014 of the

Shajil Vs the State of Kerala — Quashing and FIR | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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TUESDAY, THE 16TH DAY OF FEBRUARY 2016/27TH MAGHA, 1937

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Crl.MC.No. 716 of 2016 ()

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-------------------------CC. NO.68/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PERINTHALMANNA. CRIME NO. 312/2014 OF MANKADA POLICE STATION, MALAPPURAM.

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PETITIONERS/ACCUSED:

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1. SHAJIL, AGED 26 YEARS, S/O.ALIYAR, CHERUPARAMBATH (H), VELLILA, MANKADA, MALAPPURAM DISTRICT.

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2. ARIF, AGED 20 YEARS, S/O.ABDULLA KUTTY, KOTTAKUTH (H), VELLILA, MANKADA, MALAPPURAM DISTRICT.

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3. THOYIB, AGED 21 YEARS, S/O.MUHAMMEDALI, KOORIMANNIL PATTIYIL (H), PULISSERYKUNNU, VELLILA P.O., MALAPPURAM DISTRICT.

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4. ANFAS, AGED 21 YEARS, S/O.ABOOBACKER, THENNATT (H), VELLILA, MANKADA, MALAPPURAM DISTRICT.

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5. SANISH, AGED 23 YEARS, S/O.HAMSA, ELIKOTTIL (H), VELLILA, MANKADA, MALAPPURAM DISTRICT.

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BY ADV. SRI.K.DILIP.

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RESPONDENTS/COMPLAINANT AND DEFACTO COMPLAINANTS:

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1. THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, MANKADA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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2. SHIBIL, AGED 19 YEARS, S/O.BASHEER, ALANGADAN HOUSE, KADANNAMANNA, MANKADA P.O., MALAPPURAM DISTRICT-679 324.

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Crl.MC.No. 716 of 2016

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3. ABEER, AGED 20 YEARS, S/O.ASAINAR, CHOLOTH HOUSE, MANKADA P.O., MALAPPURAM DISTRICT-679 324.

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R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE. R2 & R3 BY ADV. SRI.LIJIN THAMBAN.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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Crl.MC.No. 716 of 2016

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APPENDIX

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PETITIONER'S ANNEXURES:-

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ANNEXURE I:A TRUE COPY OF THE FINAL REPORT FILED IN CRIME NO. 0312/14 OF MANKADA POLICE STATION, DATED 25/11/2014. ANNEXURE II:A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT HEREIN DATED 16/01/2016. ANNEXURE III:A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT/INJURED DATED 16/06/2016.

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RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 716 of 2016

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............................................................... Dated this the 16^th day of February, 2016

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O R D E R

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Petitioners are the accused in C.C. No.68/2015 of the Judicial First Class Magistrate's Court-II, Perinthalmanna, which has arisen from Crime No.0312/2014 of the Mankada Police Station, Malappuram registered for the offences punishable under Sections 142, 147, 148, 341, 323 and 324 read with Section 149 of the Indian Penal Code.

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The matter has been amicably settled between the petitioners and the defacto complainant and the other injured, who are respondents 2 and 3 respectively. They have filed separate affidavits as Annexures II and III affirming that the matter has been amicably settled between them and the petitioners and they have no complaints against the petitioners. The injuries sustained to the injured

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CRL.M.C.No. 716 of 2016

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-: 2 :-

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persons are trivial.

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No criminal antecedents have been reported against the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C. No.68/2015 of the Judicial First Class Magistrate's Court-II, Perinthalmanna, as against the petitioners, based on Annexure-I Final Report in Crime No.0312/2014 of the Mankada Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.68/2015 of the Judicial First Class Magistrate's Court-II, Perinthalmanna, as against the petitioners, based on Annexure-I Final Report in Crime No.0312/2014 of the Mankada Police Station, are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy] P.S. to Judge

Shajil v. the State of Kerala

Case brief

What is this about?

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Shajil v. the State of Kerala

Case brief

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